big questions of whether or not dzhokhar tsarnaev will be charged as an enemy combatant. what do we know about where the white house is leaning? >> reporter: the white house is convinced the way this is being handled presently is the way it should be handled. that krcriticism about whether not tsarnaev should be handled as an enemy combatant is coming from republican lawmakers, john mccain and lindsey graham, kelly ayotte, and new york's representative, peter king. let's give you a accepts where this is right now. so law enforcement enacted basically an effort not to read tsarnaev his miranda rights. that means not telling him he has the right to remain silent under what they call the public safety exception, allows them to get as much information as they can within the immediate hours after his arrest. in case there is information about other plots or perhaps other accomplices but it's li likely that he hasn't even been questioned yet because of his state, his serious condition, that this may not matter. he may have been read his miranda rights by a judge as early as tom